IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.969 of 2017 ======================================================

Shahid Akhtar Son of Late Akhtarul Hasan Ansari, Resident of Mohalla- Karimchak, P.O.- Chapra, P.S.- Chapra Town, District- Saran at Chapra presently posted as Accountant, Saran Treasury at Chapra.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Law Department, Govt. of Bihar, Old Secretariat, Patna.

4. Secretary-Cum-Chairman, Finance Department Grievance Redressal Committee, Old Secretariate, Patna.

5. Additional Secretary-Cum-Chairman Finance Department Grievance Redressal Committee, Old Secretariat

6. The Joint Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna.

7. The Deputy Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna.

8. The Under Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna.

9. The Treasury Officer, Saran at Chapra.

10. The District Magistrate Cum Collector, Saran.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Ms. Shally Kumari, Advocate Mr. Sanjay Kumar Verma, Advocate For the Respondent/s : Mr. Parijat Saurav, AC to AAG 13 ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

CAV JUDGMENT

Date : 13-03-2026

1. Heard Mr.Siya Ram Shahi learned counsel for the petitioner and Mr. Parijat Saurav, learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs:-

“(i) For issuance of an appropriate writ in quashing the Memo no. 786 dated 08.09.2016 issued by Finance Department, Grievance Redressal Committee contained in Annexure-2 at Page-47 whereby the petitioner's representation seeking grant of ACP benefit in terms of the Govt. Resolution dated 08.01.2016 contained in Annexure-3 of the Supplementary Affidavit at Page-68 with reckoning his regular service of 20 years, has been rejected.

(ii) The petitioner has also prayed for grant of 1st ACP benefit w.e.f. 11.07.2002 in the Pay Scale of Rs. 6500-10500 and 2nd ACP benefit w.e.f. 11.07.2010 in Pay Band of Rs. 9300- 34,800 with Grade Pay of Rs. 5400/-. (iii) The petitioner has also prayed for direction to grant all the consequential benefits.”

3. The case of the petitioner in brief is that his father who was an employee in the Treasury cadre having died in harness, the petitioner being a graduate was appointed on compassionate ground as a Typist on 10.7.1990 in the Directorate of Treasury and Accounts in the pay scale of Rs. 1200-13-1800. He joined on 11.7.1990. The petitioner passed his Hindi Noting and Drafting test on 21.2.1992 and also successfully cleared his accounts examination for clerk.

4. It is the case of the petitioner that after the 6^th Pay Revision, he was put in the pay scale of Rs. 5000-8000 with effect from 1.1.1996 in light of the judgment dated 26.7.2001 in the case of Dhananjay Sharma vs. State of Bihar; 2001(4)PLJR 533. He was granted the benefit of the 1^st ACP (Assured Career Progression) in the pay scale of Rs. 5500-9000 on 11.7.2002. After 7th Pay Revision, he was put in the pay band of Rs. 9300-34,800 with pay grade of Rs. 4600 with effect from 1.4.2007. He is at present working as Accountant in Saran Treasury at Chapra. The petitioner who was initially appointed as a Typist on compassionate ground and posted in the Saran Treasury, after merger of his post, the petitioner was designated as Clerk. In terms of the Memo no. 7063 dated 28.9.2000, the nomenclature of Treasury Clerk was changed to Treasury Accountant.

5. It is submitted by learned counsel appearing for the petitioner that the petitioner moved before the respondents for grant of benefit of financial upgradation as provided in the resolution dated 8.1.2016 of the Finance Department, Government of Bihar. Howe